Patna High Court
Mukesh Paswan @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is not maintainable in a private complaint where there is no apprehension of arrest.
Summary
Mukesh Paswan (petitioner) was named in a private complaint arising from a matrimonial dispute and faced cognizance for an offence under Section 85 of the Bhartiya Nyaya Sanhita, 2023. He applied for anticipatory bail, arguing that he feared arrest. The Court examined the Supreme Court’s decision in Om Prakash Chhawnika v. State of Jharkhand, which held that police lack power to arrest in private complaint cases except under Section 87 of the CrPC. Since there was no concrete apprehension of arrest, the anticipatory bail petition was deemed non‑maintainable. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail is maintainable in a private complaint under Section 85 of the Bhartiya Nyaya Sanhita, 2023
- Whether the police have power to arrest in a private complaint absent a provision like Section 87 of the CrPC
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 85
- Criminal Procedure Code — s. 87
Subjects
- anticipatory bail
- private complaint
- matrimonial dispute
- arrest
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41901 of 2026
Arising Out of PS. Case No.-1241 Year-2024 Thana- ROHTAS COMPLAINT CASE
District- Rohtas
======================================================
Mukesh Paswan @ Mukesh Kumar S/o Setha Ram R/o Village- Shivpur, PS-
Nokha, Dist- Rohtas
... ... Petitioner
Versus
1. The State of Bihar
2. Lalsa Devi W/o Mukesh Paswan @ Mukesh Kumar, D/o Mahendra Paswan
R/o vill - Shivpur, P.O.- Tararh, P.S.- Nokha, Distt.- Rohtas, at present R/o
vill- Konar Khurd, P.O.- Sikraul, P.S.- Chenari, Distt. -Rohtas
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mrs.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard the parties.
2. The accused/petitioner is named in the complaint
and apprehending his arrest in connection with Complaint
Case No. 1241 of 2024 in which cognizance has been taken
for the offences punishable under Sections 85 of the
Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).
3. It is a private complaint arising out of matrimonial
dispute between the parties, where summon has been issued
by the Court.
4. Considering the legal ratio of Hon’ble Supreme
Court as available through Om Prakash Chhawnika @
Om Prakash Chabnika vs. State of Jharkhand and
Patna High Court CR. MISC. No.41901 of 2026(2) dt.01-07-2026
2/2
Another [2026 SCC OnLine SC 676], as police has no
power to arrest in the case of private complaint subject to
exception of Section 87 of the CrPC, accordingly, the prayer
of anticipatory bail as preferred by the petitioner stands
rejected, being not maintainable in want of apprehension of
arrest.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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